All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal is too unreasonable that the respective punishment (the first judgment: the fine of KRW 3 million, the second judgment: the fine of KRW 3.5 million) that the court below sentenced against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of this Court No. 2014No1630, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2014No1633, which is the appeal case against the judgment of the court of second instance, was consolidated in the procedure for oral argument. Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of first instance

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence admitted by the court, and summary of the evidence, other than correcting “5 meters” among the criminal facts in the judgment of the court of second instance as “three meters”, are the same as each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 3

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on September 12, 2012), Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on November 2, 2012), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act (trade between the crimes of violation of the Road Traffic Act on November 2, 2012 and the crimes of violation of the Road Traffic Act (trade between the crimes of violation of the Road Traffic Act).

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;